Deportation / Removal Orders
Have you been issued an Immigration Removal Order?
Types of Removal Orders and their Consequences
- Departure Order
- Exclusion Order
- Deportation Order
Removal Orders may arise in the following circumstances:
- The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing, and so issues an Order
- A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination, or
- An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after any refusal or abandonment of a refugee claim
If you have received a Removal Order, it is important to understand the type of Removal Order you have received, its consequences to your present time in Canada and any future time, and whether you can challenge the decision. In all cases, time is of the essence.
Types of Removal Orders and their Consequences
1. Departure Orders
Departure orders carry the least consequences. You may be given a departure order for a variety of reasons. For example, you may receive a departure order if you lose your permanent residence status and any appeals you made were refused. A departure order requires that you leave Canada within 30 days, confirming your departure with the CBSA on exit from the country. For Refugee/Protected Person claimants, a “conditional departure order” will be issued upon making a claim. Where the refugee claim fails (as well as any appeals that were made), the conditional departure order becomes enforceable. If the claimant does not leave Canada within the 30 days and/or does not inform CBSA of departure from the country, in nearly all cases the departure order will become a deportation order.
2. Exclusion Orders
Similar to Departure orders, an exclusion order requires the foreign national to leave Canada, confirming departure with the CBSA on exit from the country. However, exclusion orders include a time period for which a foreign national is barred from entering Canada. Depending upon the reasons for which the exclusion order was issued, the foreign national will be barred from making an application to return to Canada for one to five years. Exclusion orders can be issued by CBSA officers at a port of entry and as a consequence of a hearing at the Immigration and Refugee Board. Exclusion orders can be issued for violating immigration law, for example, arriving to Canada without a proper visa, overstaying after the expiration of a visa or working and/or studying without proper authorization. These breaches often result in exclusion orders for a time period of one year. However, where a misrepresentation finding is made, the ban from entering Canada is for five years among other consequences.
It is important to note that if the exclusion order is made within Canada, the exclusion period begins from the date the foreign national leaves the country whereas if the exclusion order is made from outside Canada, the exclusion order begins from the date on the exclusion order. If a foreign national seeks to return to Canada during the restricted period an application for “Authorization to Return to Canada” (ARC) is required. For more information on ARCs, click here.
*NOTE* Prior to November 2014, an exclusion order made on the grounds of misrepresentation would hold a penalty of 2 years as opposed to 5.
3. Deportation Orders
Deportation orders carries lasting consequences. Deportation orders often rise when a departure order is issued but the foreign national does not leave within 30 days of the Order and/or does not inform CBSA of voluntary departure. Where a deportation order is made, the foreign national is barred permanently from entering Canada. A foreign national or an impending permanent resident will require an “Authorization to Re-Enter Canada” (ARC) to return to Canada. For more information on ARCs, click here.
Bellissimo Law Group PC has extensive experience with representing individuals facing removal. We are familiar with the legal processes and these case can be extremely complex and any response must be comprehensive, concise and compelling. Please contact us today to find out your options!
What Happens if You Fail to Appear for Removal?
Removal Orders, in all cases, require that you leave Canada. If you fail to appear for a removal interview or fail to appear on the removal date, CBSA will issue a Canada-wide warrant for your arrest. Once CBSA has arrested you, they may detain you in a holding facility or provincial correctional facility before removal. CBSA may also assign an officer to accompany you on your departure to ensure that you leave Canada. If you leave Canada under a Departure order or an Exclusion order (and the time period for which you are barred from Canada has elapsed), you may be eligible to apply to return to Canada. However, please note that you must ensure that you are not inadmissible under other grounds (criminality, security concerns etc.)
Reasons for Delays
There are several reasons for which a delay may occur in the enforcement of a removal order.
1. Challenges Removal Orders
Permanent Residents may have a right to appeal the Removal Order to the Immigration Appeal Division.
Whether you have a right of appeal as a permanent resident will depend upon why the Removal Order was issued. If it has been determined that you are inadmissible for organised criminality, crimes against humanity, espionage, or other more serious forms of security concerns, there will be no right of appeal. Also, if you are found to be inadmissible for serious criminality (a crime that holds a maximum sentence of 10 years or more) and received in Canada a sentence of detention of six months or more, you will not have a right of appeal. In these circumstances, you may still challenge the decision to the Federal Court of Canada. For more information on the Federal Court, click here.
Foreign Nationals may not appeal their Removal Orders to the IAD. However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.
2. Pre-Removal Risk Assessment Applications
If you fear return to your country of nationality or habitual residence, you may make an application for Pre-Removal Risk Assessment (PRRA) to have your risks assessed prior to removal. If you are eligible for a PRRA, a removal generally cannot proceed until a final decision has been rendered on this application.
3. Travel Documents/Identity
The CBSA may need documents (passports, travel documents etc.) that will allow you to enter the country to which you are being removed to. Similarly, the CBSA may have trouble confirming the identity or citizenship of the individual being removed.
4. Administrative Deferral of Removals (ADR)
An ADR serves as a temporary tool to defer a removal in situations where the country to which an individual will be removed to is suffering from a humanitarian crisis. The ADR does not adhere to individualized risk but rather country wide risk. Once the country stabilizes, the ADR can be lifted and CBSA will enforce removal orders. An individual who is inadmissible for criminality, international or human rights violations, organized crime or security can still be removed despite the ADR. An ADR status currently applies for the following countries: Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela and Haiti.
5. Temporary Suspension of Removals (TSR)
Similar to an ADR, a removal order may be suspended where the country to which an individual is being removed to is subject to a risk that threatens the entire civilian population. This can include an armed conflict or an environmental disaster or other events that interrupts typical living conditions. Like an ADR, an individual who is inadmissible for criminality, international or human rights violations, organized crime or security can still be removed regardless of a TSR. A TSR currently applies for Afghanistan, the Democratic Republic of Congo and Iraq.
*NOTE* – If your removal order is suspended because of an ADR or TSR, you may be able to apply for a work permit or a study permit.